Whether the commercial activity exception to immunity allows suit where the alleged acts of the defendant that give rise to its liability constitute commercial activity carried on in the United States, regardless of whether another party's conduct more directly caused the injury

QUESTIONS PRESENTED The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, governs whether foreign sovereigns and international organizations are subject to suit in U.S. court. As relevant here, a covered entity is subject to suit under the Act for any claim “based upon” commercial activity the entity carried on in the United States or where the entity waives immunity. Jd. § 1605. The questions presented are: 1. Whether the commercial activity exception to immunity allows suit where the alleged acts of the defendant that give rise to its liability constitute commercial activity carried on in the United States, regardless of whether another party’s conduct more directly caused the injury. 2. Whether a treaty provision stating that “la]ctions may be brought against the [international organization]” waives the organization’s immunity.